Who Can File a Wrongful Death Claim in Colorado?

 Posted on March 24, 2025 in Workers' Compensation

Traffic accidents can be fatal, whether a victim dies immediately or later succumbs to his or her injuries. Workplace accidents can also result in deaths. Along with the emotional turmoil, surviving family members are left without the income, benefits, and services the deceased had provided.

If your loved one’s fatal injury happened at work, eligible survivors can pursue death benefits through a workers’ compensation claim. When negligent or willful behavior caused the death, you may qualify to seek damages through wrongful death and survival actions. In some cases, a worker’s death could yield both workers’ comp and wrongful death compensation. For the best chance of success, you need a skilled Fort Collins, CO wrongful death attorney who also handles workers’ comp cases. Se Habla Español.

Who Has the Right to Claim Workers’ Comp Death Benefits in Colorado?

If a workplace injury or illness leads to death for a married worker, his or her spouse is likely eligible to receive workers’ comp death benefits. Those benefits may include payment for the deceased’s medical treatment expenses, funeral and burial costs, and two-thirds of the victim’s average wages. The wage benefits should continue until the surviving spouse remarries, although the duration can be for life regardless of remarriage for some.

The worker’s minor children could also receive survivor benefits until they turn 18. If the children remain in school as full-time students, those benefits can even continue until they turn 21.

If the deceased worker was unmarried and without children, other family members who were at least partly financially dependent on the worker may be eligible to receive death benefits. Workers’ comp does not require proof of fault for causing the fatal incident.

Although families are often prevented from filing a wrongful death suit against the employer, they could file a claim against a third party who contributed to the cause of death. We can handle both types of claims simultaneously to maximize your compensation.

Are Wrongful Death and Survival Actions Handled the Same Way?

The hierarchy for wrongful death claimants is similar to workers’ comp. A surviving spouse has one year from the date of death to bring a wrongful death action, and she can name her minor children as claimants. If the spouse does not file within a year, surviving children are the next in line. If those children are minors, the normal filing deadline may be extended until they become adults.

If the victim was not survived by a spouse or children, his or her parents may qualify to file a claim. No other relatives are eligible to bring wrongful death claims, but they may qualify to pursue a different kind of claim.

Damages recovered in survival actions are intended to address the losses suffered by the deceased before death. Wrongful death actions reflect the losses the claimant suffers, both financially and otherwise. Without an attorney, you are unlikely to receive as much compensation as you deserve.

Contact Our Dedicated Fort Collins, CO Wrongful Death Attorney

Money will not bring your loved one back to you, but a successful claim can put you on a more solid financial footing after your loss. To speak with a knowledgeable Larimer County, CO workers’ comp lawyer who can also assist with your wrongful death claim, call Hoggatt Law Office, P.C. today at 970-225-2190 or contact us online. We offer complimentary consultations.